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1. The Defendants’ judgment against the Plaintiff was rendered on December 10, 2014 by the lower court.
Reasons
Basic Facts
The Defendants asserted that the Plaintiff and Uan Engineering Co., Ltd., D, E, F, G, and H (hereinafter “Plaintiff, etc.”) illegally occupied the Defendants’ land, and filed a lawsuit against them as the court 2013Gahap5781.
The Court accepted the Defendants’ claims on December 10, 2014, and rendered a judgment to the effect that: (a) the Plaintiff, etc. shall jointly and severally; (b) the Plaintiff, etc. shall pay to Defendant B Co., Ltd. the amount calculated at the rate of 20% per annum from November 5, 2014 to the date of full payment; and (c) the amount calculated at the rate of 8,631,800 won per annum from November 1, 2014 to the date of full payment; and (b) the amount calculated at the rate of 20% per annum from November 5, 2014 to the date of full payment; and (b) the amount calculated at the rate of 20% per annum from November 5, 2014 to the date of full payment; and (c) the amount calculated at the rate of 1,97,300 won per annum 1,300,000 per annum from November 1, 2014 to the date of full payment.
(Attachment No. 2015Na2004342). The Plaintiff et al. appealed from Seoul High Court Decision No. 2015Na200432, and the Plaintiff filed a counterclaim against Defendant B Co., Ltd. at the appellate court to claim the return of the lease deposit under the Seoul High Court Decision No. 2015Na203497.
Based on the original copy of the judgment of the first instance court of this case where a provisional execution is declared, the Defendants filed an application for compulsory auction against Gyeyang-gu I, 106 Dong 1302, which is owned by the Plaintiff, with the Incheon District Court J., and received a decision to commence compulsory execution on December 22, 2014 from the same court.
The Seoul High Court ruled that the part of the judgment of the first instance on January 29, 2016, which exceeds the part of the judgment of the first instance court of this case, ① KRW 27,123,922 for Defendant B corporation, and the part of the judgment against the Plaintiff, which ordered payment of money calculated at the rate of 5% per annum from November 5, 2014 to January 29, 2016, and KRW 20% per annum from January 30, 2016 to the date of full payment, ② KRW 6,461,137 for Defendant C, and this part.